Pawan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26673 of 2025 Arising Out of PS. Case No.-25 Year-2023 Thana- EXCISE JAGDISHPUR District- Bhojpur ====================================================== Pawan Kumar S/O Nand Gopal Halwai Resident of Simri Road, Bhojpur Kadim, Buxar, Purana Bhojpur, PS- Naya Bhojpur O.P., Bihar- 802133 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Akanksha Malviya, Advocate For the Opposite Party/s :
Mr. Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 07-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Excise (Jagdishpur) P.S. Case No. 25 of 2023 dated 25.07.2023, instituted for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. The allegation is of recovery of 21 litres country made liquor from the motorcycle bearing Registration No. BR 03 T 3728, which belongs to the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that petitioner is the owner of the said motorcycle but the motorcycle of the petitioner was stolen
Patna High Court CR. MISC. No.26673 of 2025(2) dt.07-05-2025 2/3 on 25.03.2023 i.e. much prior to the date of occurrence. It is next submitted that petitioner has also filed a complaint about the theft of his motorcycle in Ara Nawada Police Station in the form of Sanaha which is evident from Annexure-P/3. It is further stated that nothing has been recovered from the conscious possession of the petitioner. The name of the petitioner has been dragged in this case because he is the owner of the seized motorcycle. It is also submitted the petitioner is a shopkeeper and is running the business of sweets and he has no concern with the alleged illicit liquor. Lastly, it has been submitted that petitioner has no criminal antecedents.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Excise (Jagdishpur) P.S. Case No. 25 of 2023, he/they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge, Excise Court No. II, Bhojpur at Ara, subject to condition as laid
Patna High Court CR. MISC. No.26673 of 2025(2) dt.07-05-2025 3/3 down under Section 482(2) of the B.N.S.S.
(Khatim Reza, J) Sankalp/- U T